Common use of INSPECTION AND REPAIR Clause in Contracts

INSPECTION AND REPAIR. Prior to picking up or taking possession of the Equipment the Lessee may, at its own expense, inspect the Equipment at a time and place designated by the Lessor. By taking possession of or picking up the Equipment the Lessee shall be deemed to have accepted that the Equipment is in good condition and running order with the effect that from the time of picking up or taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee’s purposes. The Lessee’s right to inspect the Equipment is accepted by the Lessee in lieu of any warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. Lessee agrees to complete and return to Lessor a signed equipment inspection report upon delivery of machine. Failure to return equipment inspection report to Lessor at time of delivery waives any right by Lessee to dispute damage charges to equipment noted by Lessor while in possession of Lessee. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor’s option, either have the right to inspect the Equipment at the Lessee’s shipping point prior to reshipment and shall be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any repairs or maintenance required, normal wear and tear excepted, arising out of the Lessee’s use of the Equipment. The Lessee shall either make suitable arrangements to promptly carry out the required maintenance or repairs or shall authorize the Lessor to carry out said work at Lessee’s sole cost.

Appears in 1 contract

Samples: Lease Agreement

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INSPECTION AND REPAIR. Prior to picking up or taking possession of the Equipment the Lessee may, at its own expense, inspect the Equipment at a time and place designated by the Lessor. By taking possession of or picking up the Equipment the Lessee shall be deemed to have accepted that the Equipment is in good condition and running order with the effect that from the time of picking up or taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee’s purposes. The Lessee’s right to inspect the Equipment is accepted by the Lessee in lieu of any warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. Lessee Xxxxxx agrees to complete and return to Lessor a signed equipment inspection report upon delivery of machine. Failure to return equipment inspection report to Lessor at time of delivery waives any right by Lessee Xxxxxx to dispute damage charges to equipment noted by Lessor Xxxxxx while in possession of Lessee. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor’s option, either have the right to inspect the Equipment at the Lessee’s shipping point prior to reshipment and shall be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any repairs or maintenance required, normal wear and tear excepted, arising out of the Lessee’s use of the Equipment. The Lessee shall either make suitable arrangements to promptly carry out the required maintenance or repairs or shall authorize the Lessor to carry out said work at Lessee’s sole cost.

Appears in 1 contract

Samples: Lease Agreement

INSPECTION AND REPAIR. Prior to picking up or taking possession of the Equipment the Lessee may, at its own expense, inspect the Equipment at a time and place designated by the Lessor. By taking possession of or picking up the Equipment the Lessee shall be deemed to have accepted that the Equipment is clean, in good condition and running order with the effect that from the time of picking up or taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee’s 's purposes. The Lessee’s 's right to inspect the Equipment is accepted by the Lessee in lieu of any warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. Lessee agrees to complete and return to Lessor a signed equipment inspection report upon delivery of machine. Failure to return equipment inspection report to Lessor at time of delivery waives any right by Lessee to dispute damage charges to equipment noted by Lessor while in possession of Lessee. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor’s 's option, either have the right to inspect the Equipment at the Lessee’s 's shipping point prior to reshipment and shall sha ll be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any repairs or maintenance required, normal wear and tear exceptedexcepte d, arising out of the Lessee’s 's use of the Equipment. The Lessee shall either make suitable arrangements to promptly carry out the required maintenance or repairs or shall authorize the Lessor to carry out said work at Lessee’s Xxxxxx's sole cost. Any repairs performed by Xxxxxx shall only proceed upon written authorization from the Lessor and in such event, the Lessee shall promptly forward all repair documentation to the Lessor. The Lessee shall also promptly forward all structural certificates carried out by the Lessee to the Lessor at no cost to the Lessor.

Appears in 1 contract

Samples: Sterling Crane Bare Lease Agreement

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INSPECTION AND REPAIR. Prior to picking up or taking possession of the Equipment the Lessee may, at its own expense, inspect the Equipment at a time and place designated by the Lessor. By taking possession of or picking up the Equipment the Lessee shall be deemed to have accepted that the Equipment is clean, in good condition and running order with the effect that from the time of picking up or taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee’s 's purposes. The Lessee’s 's right to inspect the Equipment is accepted by the Lessee in lieu of any warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. Lessee agrees to complete and return to Lessor a signed equipment inspection report upon delivery of machine. Failure to return equipment inspection report to Lessor at time of delivery waives any right by Lessee to dispute damage charges to equipment noted by Lessor while in possession of Lessee. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor’s 's option, either have the right to inspect the Equipment at the Lessee’s 's shipping point prior to reshipment and shall be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any repairs or maintenance required, normal wear and tear excepted, arising out of the Lessee’s 's use of the Equipment. The Lessee shall either make suitable arrangements to promptly carry out the required maintenance or repairs or shall authorize the Lessor to carry out said work at Lessee’s Xxxxxx's sole cost. Any repairs performed by Xxxxxx shall only proceed upon written authorization from the Lessor and in such event, the Lessee shall promptly forward all repair documentation to the Lessor. The Lessee shall also promptly forward all structural certificates carried out by the Lessee to the Lessor at no cost to the Lessor.

Appears in 1 contract

Samples: Sterling Crane Bare Lease Agreement

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